Police executed a search warrant on D's home and found a modified AR-15 (variation of M-16).
The gun had been modified to make it an automatic weapon (filed down a stop).
D was indicted for unlawful possession of an unregistered machine gun in violation of 5861 of the National Firearms Act.
D asked for a jury instruction that required gov't to prove beyond a reasonable doubt that D knew that the gun would fire automatically. Court refused.
Procedural History:
Trial court found D guilty.
4th Cir COA affirmed, D guilty.
SCOTUS reversed, remanded.
Issues:
Should a court consider the severity of the penalty when determining whether Congress intended to eliminate a mens rea requirement?
Holding/Rule:
A court should consider the severity of the penalty when determining whether Congress intended to eliminate a mens rea requirement.
Reasoning:
In a usual case, the government must show that the D knew the facts that made his conduct illegal.
Offenses that require no mens rea are general disfavored. Congressional intent must be consulted to see if the omission was intentional.
Generally, offenses punishable by imprisonment cannot be public welfare offenses and require mens rea.
Congress clearly did not intend to make ignorant gun owners criminals.
Dissent:
Stevens - The NFA is a public welfare statute.
Owning the unmodified version of the gun is certainly not completely innocent.
Notes:
Must prove that D had K as to the characteristics of the gun.
Courts can sometimes import MR into statutes if they believe that was Congress's intent.
